General terms and conditions of sale - part 2

11. WARRANTIES / LIABILITY / SPARE PARTS / REPAIR

In accordance with articles L.111-4 and R.111-4-3 of the Consumer Code, our Products are not "multi-function mobile phones" within the meaning of these texts.
THE PHONE nevertheless undertakes, as part of its repairability and durability service, to make available the necessary spare parts via its approved repairer, subject to stock availability. THE PHONE will make its best efforts to provide the requested parts and allow repairs within reasonable timeframes.

Products sold by THE PHONE benefit from the legal guarantee of conformity provided for in articles L.217-3 et seq. of the Consumer Code, as well as the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code. These legal guarantees apply independently of any commercial warranty that may be granted.

11.1 Regulatory compliance

Products sold on the Site comply with the regulations in force in France.

11.2 Photographs

The photographs illustrating the Products on the Site are not contractual.

11.3 Use of the site

The Customer accesses, uses and browses the Site at their own risk.

11.4 Legal guarantee of conformity and guarantee against hidden defects

In accordance with article D. 211-2 of the Consumer Code, the Customer has a period of two years from the delivery of the Product to invoke the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

When the sales contract for the Product provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the entire planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.

The legal guarantee of conformity obliges the professional, if applicable, to provide all necessary updates to maintain the conformity of the Product.

The legal guarantee of conformity entitles the Customer to the repair or replacement of the Product within thirty days of their request, free of charge and without major inconvenience to them.

Any Product repaired under the legal guarantee of conformity benefits from a six (6) month extension of this guarantee. When the Product is replaced under the legal guarantee of conformity, the legal guarantee applicable to the replacement Product runs from the delivery of this replacement Product, in accordance with the applicable legal provisions.

If the consumer requests repair of the Product, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the Product.

The consumer may obtain a reduction in the purchase price by keeping the Product or terminate the contract by being fully reimbursed upon return of the Product, in cases provided by law, particularly when:

1° The professional refuses to repair or replace the Product;

2° The repair or replacement of the Product occurs after a period of thirty days;

3° The repair or replacement of the Product causes a major inconvenience for the consumer, particularly when the consumer permanently bears the costs of collecting or removing the non-conforming Product, or if they bear the costs of installing the repaired or replacement Product;

4° The non-conformity of the Product persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer also has the right to a reduction in the price of the Product or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the Product beforehand.

The consumer does not have the right to terminate the sale if the lack of conformity is minor.

Any period during which the Product is immobilized for repair or replacement suspends the remaining warranty until the reconditioned good is delivered.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller who fraudulently obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code. This guarantee is exercised within two years from the discovery of the defect.

In the event of a hidden defect, the repair or exchange of the Product is preferred when these solutions are possible and proportionate. However, in accordance with the law, the consumer retains the right:

either to keep the Product and obtain a price reduction,

or to return the Product and obtain a full refund of the price,
if repair or replacement proves impossible, cannot be carried out under reasonable conditions, or does not effectively remedy the defect.

Article 11.4.1 – Legal guarantee for reconditioned products

In accordance with articles L.217-3 et seq. of the Consumer Code, the reconditioned Product benefits from the legal guarantee of conformity applicable to used and reconditioned goods, for a period of two (2) years from the delivery of the Product.

For reconditioned Products, conformity defects that appear within a period of twelve (12) months from the delivery of the Product are presumed to have existed at the time of delivery, unless proven otherwise or incompatible with the nature of the Product or the invoked defect.

In addition to this legal guarantee, and in accordance with the information provided on the Site, THE PHONE grants the Customer a commercial guarantee of twelve (12) months on reconditioned Products. This commercial guarantee covers material malfunctions of the Product under normal conditions of use, subject to the exclusions provided in these GTCs, particularly in the event of breakage, oxidation, misuse, unauthorized modification, intentional damage, or intervention carried out by an unauthorized third party.

During the period of the legal guarantee of conformity, the Customer may request that the Product be brought into conformity, particularly by repair or replacement, under the conditions provided by the Consumer Code. When repair or replacement is impossible, disproportionate, or cannot be carried out within a reasonable period, the Customer may benefit, depending on the cases provided by law, from a price reduction or termination of the sale.

The Customer also benefits from the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, which can be exercised within two (2) years from the discovery of the defect.

THE PHONE covers the shipping and return costs necessary for the implementation of the legal guarantee of conformity when the return is made according to the terms communicated by THE PHONE and in accordance with article 11.7 below.

11.4.2 THE PHONE commercial guarantee

Notwithstanding the applicable legal guarantees, THE PHONE may grant the Customer a commercial warranty covering certain Products. When this commercial warranty is offered, its duration, scope, and conditions are indicated on the product sheet, invoice, order form, or any other applicable contractual document.

Unless otherwise stated, new THE PHONE handsets benefit from a commercial warranty of twenty-four (24) months from the date of delivery of the Product. This commercial warranty covers hardware or software malfunctions preventing normal use of the Product, provided that the defect does not result from a cause excluded from the warranty.

Unless otherwise stated, accessories and batteries provided benefit from a commercial warranty of twelve (12) months from the date of delivery of the Product. This commercial warranty covers malfunctions affecting the normal use of the accessory, provided that the defect does not result from a cause excluded from the warranty.

Excluded from the commercial warranty are damages resulting from breakage, shock, oxidation, misuse, unauthorized intervention, unauthorized software alteration, use contrary to the instructions communicated by THE PHONE, a non-compliant accessory, or accidental damage.

The commercial warranty does not limit or replace the legal guarantees to which the Customer is entitled.

11.5 Complaints

Any complaint concerning the management of the Contract, the provision of THE PHONE Services, or the purchase of Products can be submitted via the contact form or by email to sav@thephone.fr.

For THE PHONE to process a complaint by phone or email, the Customer is invited to provide:

● (i) The order number,

● (ii) The Customer's name and address,

● (iii) The email address,

● (iv) A description of the basis of the complaint, and

● (v) The remedies or actions requested from THE PHONE.

11.6 – Repairs under warranty

11.6.1 Opening of the After-Sales Service file and Customer's contact person

In the event of a malfunction of the Product during the legal warranty period or, where applicable, during the applicable commercial warranty period, the Customer must contact THE PHONE via the contact form accessible on the Website or at sav@thephone.fr.

THE PHONE remains the Customer's primary contact for any request relating to the legal warranty, commercial warranty, replacement, refund, or conformity of the Product. Geek33 acts as an approved repairer for THE PHONE for diagnosis, repair, quality control and, where applicable, the establishment of an out-of-warranty quote.

Unless otherwise specified, THE PHONE remains the primary contact for the Customer for any request relating to the legal warranty, refund, or replacement of the Product. The Customer must follow the instructions communicated by THE PHONE to benefit from warranty coverage.

In order to allow for the analysis of the case, THE PHONE may request from the Customer any useful information, including the order number, the IMEI of the Product, a description of the malfunction, as well as photographs, videos or elements allowing to confirm the alleged defect.

11.6.2 Remote pre-check

Before any physical shipment of the Product, THE PHONE may perform an initial remote verification to identify the nature of the malfunction, rule out simple operating or configuration issues, and determine whether the case appears likely to be covered by warranty.

This preliminary check does not constitute a denial of warranty. The decision for coverage is confirmed after receipt and diagnosis of the Product by the authorized repairer, unless the information provided by the Customer clearly demonstrates that the malfunction is not covered by the warranty.

11.6.3 Sending the Product to the authorized repairer

When the case appears eligible for warranty coverage, THE PHONE sends the Customer return instructions and an information form to complete. After validating the case, THE PHONE provides, when the conditions for coverage are met, a Chronopost 2Shop return label allowing the Product to be sent to the authorized repairer: Geek33, 2 avenue Berlincan, 33160 Saint-Médard-en-Jalles.

The Customer must pack the Product carefully, include the requested items from THE PHONE and follow the communicated shipping instructions. The detailed rules for sending and returning the Product are specified in article 11.7 below.

11.6.4 Diagnosis and warranty coverage

Upon receipt of the Product, Geek33 performs a technical diagnosis. If this diagnosis confirms that the malfunction falls under the legal warranty or the applicable commercial warranty, the repair will be carried out at no cost to the Customer, including shipping and return costs necessary for this coverage, provided that the reasonable terms communicated by THE PHONE are complied with.

Repair is preferred when this solution is possible, proportionate, and compliant with the Customer's rights. When repair is impossible, disproportionate, cannot be carried out within a reasonable timeframe, or does not effectively remedy the defect, THE PHONE will offer the Customer, according to the cases provided by law, a replacement, a price reduction, or a refund.

11.6.5 Product Replacement

When a replacement is offered under the warranty for a newly purchased Product, THE PHONE will offer an identical new Product or, if unavailable, an equivalent new Product or one with at least equivalent characteristics.

A refurbished Product may only be offered as a replacement for a newly purchased Product with the express consent of the Customer or when this solution is legally admissible and accepted by the Customer. When a refurbished Product is replaced, THE PHONE may offer a refurbished Product of equivalent or higher grade, or any other solution compliant with the Customer's legal rights.

11.6.6 Warranty exclusion cases and out-of-warranty repair

When the diagnosis establishes that the malfunction results from a cause excluding the warranty, including breakage, shock, oxidation, misuse, intentional damage, unauthorized intervention, use of non-compliant accessories, unauthorized software alteration, or accidental damage, no warranty repair will be carried out.

The warranty exclusion will be subject to a documented diagnosis which may include photographs, technical observations, or an intervention report. THE PHONE or Geek33 will then send the Customer a quote before any out-of-warranty repair. No out-of-warranty repair will be carried out without the prior consent of the Customer.

The Customer may accept the quote, refuse the quote and request the return of the Product as is, or abandon the Product under the conditions provided in article 11.6.10 below. Any applicable diagnostic, shipping, return or storage costs will be indicated to the Customer in the quote or in the communicated instructions.

11.6.7 Software alteration, compliance restoration, and local data

In the event of unauthorized software alteration, system modification, attempted circumvention of Product restrictions, or installation of software not provided or validated by THE PHONE, THE PHONE may refuse warranty coverage when this alteration is the cause of the observed malfunction or prevents normal diagnosis of the Product.

As part of a diagnosis, repair, or compliance restoration, THE PHONE or its authorized repairer may reinstall a compliant software version of the Product. This operation may lead to the Product being reset and the deletion of locally stored data or settings. The Customer will be informed of this when technically or materially possible before intervention.

11.6.8 Cases of three warranty interventions on the same Product

If the same Product is subject to three warranty interventions for conformity defects noted by the authorized repairer during the warranty period, THE PHONE will primarily re-examine the case to propose a lasting solution to the Customer.

When the observed malfunctions do not result from misuse, breakage, oxidation, unauthorized intervention, software alteration, or any other case of warranty exclusion, THE PHONE will primarily offer replacement of the Product or any other solution compliant with the Customer's legal rights.

This internal after-sales service processing rule does not limit the Customer's rights under the legal guarantee of conformity, particularly when the law allows the Customer to obtain a price reduction or cancellation of the sale in cases provided for by the Consumer Code.

11.6.9 After-sales service processing times

THE PHONE endeavors to have warranty repairs processed within an average of five (5) working days from the effective receipt of the Product by its authorized repairer. Unless there is particular complexity, temporary unavailability of parts, force majeure, delayed transport, or the need for additional diagnostics, THE PHONE will propose a solution within a maximum of twenty-one (21) calendar days from this receipt.

When the Product cannot be repaired within a reasonable timeframe, THE PHONE may offer the Customer a replacement, a price reduction, or a refund in accordance with applicable legal provisions.

11.6.10 Customer's lack of response after out-of-warranty quote

In case of out-of-warranty repair, if the Customer does not respond to the quote, instructions requests, or written reminders from THE PHONE or Geek33 for a period of one hundred (100) days from the sending of the quote or the last written reminder, the Product may be considered abandoned, unless otherwise legally required.

In this event, THE PHONE or Geek33 may proceed with recycling, destruction, or any appropriate treatment measure for the Product, after a final notification sent to the Customer when materially possible.

11.7 – Sending and returning your The Phone under and out of warranty for repair or exchange

As part of repairs carried out by our exclusive approved partner Geek33, certified QualiRépar, the sending and return of your The Phone for warranty repair are carried out via the Chronopost 2Shop service, using a prepaid label provided by us according to the terms specified below.

Article 11.7 bis – Refurbished Products Support

The provisions of Article 11.7 apply to refurbished products without restriction, with the following adaptations:

1° Shipping Costs

For refurbished products under warranty, THE PHONE covers all shipping costs to and from the authorized repairer Geek33.

This coverage is applicable only if the shipment is made according to the terms defined by THE PHONE (prepaid label provided) and within the required deadlines.

2° Out-of-Warranty Repairs

For refurbished products outside the warranty period or not covered by the warranty (improper use, accidental damage), shipping costs are the responsibility of the Customer.

A quote will be sent to the Customer before any intervention, for prior agreement.

3° Replacement or Refund

If, despite repair attempts, the refurbished device cannot be restored to working order within a reasonable time, the Customer may request a replacement or a full refund, in accordance with legal provisions.

The refund will be made by the same payment method used for the purchase within 14 days from the agreement on the refund.

   
11.7.1. Sending the device    

 
The Customer receives a prepaid Chronopost 2Shop shipping label by e-mail, allowing them to drop off their device exclusively at a Pickup relay point of the Chronopost 2Shop network, locations of which are available via this link:  👉Find your nearest Chronopost 2Shop Relay point

THE PHONE cannot be held responsible for any modification of the available Chronopost 2Shop Pickup relay points. It is the Customer's responsibility to ensure that the drop-off is made at an eligible Chronopost 2Shop Pickup relay point.

The drop-off must be made within a maximum of fourteen (14) days following receipt of the label. Beyond this period, the label will no longer be supported by THE PHONE as part of the after-sales service, and the shipment of the device will be at the Customer's expense, using the mode of transport of their choice to the following address: Geek33, 2 avenue Berlincan 33160 Saint Médard en Jalles

However, it is advisable to use secure delivery via Chronopost 2Shop to Geek33, 2 avenue Berlincan 33160 Saint Médard en Jalles, to ensure the traceability and security of the shipment.    

The Customer remains responsible for the Product until its effective drop-off with the carrier or at the relay point indicated by THE PHONE, subject to compliance with packaging and shipping instructions. From the effective handling of the package according to the terms communicated by THE PHONE, THE PHONE ensures the follow-up of the after-sales service return.

In the event of proven loss or damage to the Product during its after-sales service shipment or its processing by the authorized repairer, THE PHONE will propose an appropriate solution to the Customer, which may consist of a repair, replacement, or refund, after verification of the file.

    
11.7.1.1 In-warranty repair    

 
The shipment of the device is fully covered by our services, via Chronopost 2Shop. In the event of exceeding the validity date or non-use of the prepaid label, shipping costs will be the sole responsibility of the Customer, unless otherwise agreed in writing by THE PHONE, subject to the rules relating to legal guarantees mentioned above.

If covered by the legal guarantee of conformity or the guarantee against hidden defects, the outward and return shipping costs to the approved repairer are borne by THE PHONE, when the return is made according to the reasonable terms communicated to the Customer.

   
11.7.1.2 Out-of-warranty repair   

 
The device is sent at the Customer's expense, by the transport method of their choice, to the following address: 2 avenue Berlincan 33160 Saint Médard en Jalles.   

 It is however advisable to use secure delivery via Chronopost 2Shop to the address of Geek33, 2 avenue Berlincan 33160 Saint Médard en Jalles, to ensure traceability and security of the shipment.   

     
11.7.2. Return of the repaired device   

   
11.7.2.1 In-warranty repair   

   
Reshipment is fully covered by THE PHONE.   

 Once the device has been repaired or exchanged, Geek33 will proceed to its return to the Customer.   

A link will be provided to the Customer to allow them to select the Chronopost 2Shop Pickup point of their choice for delivery when requesting a repair via the form transmitted by THE PHONE Customer Service.   

If the Customer does not collect their package within the availability period communicated by Chronopost 2Shop, re-shipment will be at their expense.

  
11.7.2.2 Out-of-warranty repair   

   
Reshipment is at the Customer's expense, according to the shipping method chosen at the time of payment for the service on the www.geek33.fr website.

The Customer will be informed by email and/or SMS as soon as the package is shipped.

After receiving the out-of-warranty repaired Product, the Customer has seventy-two (72) hours to notify THE PHONE or Geek33 of any complaint regarding the intervention performed or the condition of the returned Product. After this period, and unless a legal warranty applies or a defect was not apparent at the time of receipt, the Product will be deemed to have been returned in accordance with the intervention accepted by the Customer.

11.7.2.3 Malfunction Refund Policy

In the event of a malfunction found on a THE PHONE device, repair is prioritized to promote repairability and durability. Refund or product return is only considered if it is impossible to repair the device within a reasonable timeframe, despite the intervention of our approved repairer Geek33, without prejudice to the Customer's legal rights.

11.7.2.3.1 Refund Conditions

Refunds can only be requested if the malfunction prevents normal use of the device and if the authorized repairer confirms that an effective repair is not possible, unless otherwise or more favorably provided by law for the Customer.

The refund will be issued after return of the complete product, with all original accessories and documents, and after verification and confirmation of the defect by the authorized repairer.

The above provisions do not apply in the case of a hidden defect within the meaning of articles 1641 et seq. of the Civil Code. In the presence of a hidden defect, the buyer retains their legal rights, including the choice between rescinding the sale (return of the goods against full reimbursement) or a reduction in price, without the seller being able to contractually limit these remedies.

11.7.2.3.2 Refund amount  

The refund corresponds to the initial purchase price of the Product, excluding any non-refundable costs within the limits allowed by law, in accordance with the legal rules on the legal conformity guarantee.  

11.7.2.3.3 Processing time  

The refund will be issued within a reasonable time after confirmation by the authorized repairer that repair is impossible, in accordance with the legal provisions in force (articles L217-9 et seq. of the Consumer Code).  

   
11.7.3. Additional provisions (warranty repair)   

   
In case of any particular preference (choice of a different relay point, change of address, etc.), the Customer must inform Customer Service before the return shipment so that an update can be made.   

 Our partner Geek33 undertakes to ensure the traceability of each shipment and to take all necessary precautions to guarantee the safety of the device's transport.   

11.7.3.1 Territorial conditions for covering shipping costs under warranty  

Shipping costs for any warranty repair are covered only if the original order was delivered to one of the countries covered by our services, as indicated on THE PHONE website at the time of purchase.

Shipping costs covered by THE PHONE apply only to devices returned from a covered country. If the Customer ships their device from a third country not covered, shipping costs, as well as any related fees (customs duties, taxes, formalities), will be entirely borne by the Customer.

In case of relocation, residence, or temporary stay of the Customer in an uncovered country after the initial delivery, THE PHONE will not cover the return shipping costs under warranty. It will then be up to the Customer to arrange and finance the shipment of their device from a covered country or directly to the address of our exclusive authorized repairer, unless there is a prior written agreement from THE PHONE or a mandatory legal provision to the contrary.

In all cases, THE PHONE's coverage is strictly limited to the amount corresponding to the cost of standard shipping from one of the destinations covered by our service. If the shipping costs incurred by the Customer exceed this amount (especially in case of shipment from an uncovered country or via a different carrier), the difference will remain entirely at the Customer's expense, unless there is a prior written agreement from THE PHONE or a mandatory legal provision to the contrary.

11.7.3.2 Territorial conditions for covering warranty shipping costs – Specific clause for Sweden

By express, limited, and non-automatic derogation, and within the framework of a specific logistical and/or commercial partnership, Sweden is considered a covered country for warranty returns, even if it is not among the destinations covered at the time of purchase. Consequently, THE PHONE will cover all shipping and return costs for warranty repairs carried out from Sweden, under the same terms as for all destinations covered by the website.

For shipments intended for out-of-warranty repairs from Sweden, shipping costs and all ancillary costs are entirely at the Customer's expense, with THE PHONE's coverage not applying unless there is a prior and specific written agreement.

Shipping times for warranty returns from Sweden are aligned with the indicative delivery times to Sweden. The average service turnaround time, once the phone is received by our repair partner Geek33, is approximately five (5) business days for repair, excluding Sundays and Mondays.

In all cases, THE PHONE's coverage remains strictly limited to the costs of a standard shipment from a destination covered by our services. Any excess over this amount or use of an unauthorized carrier or shipping method will remain exclusively at the Customer's expense, whether it is a warranty or out-of-warranty shipment.

11.7.3.3 Orders delivered to the United Kingdom

For orders delivered to the United Kingdom, products are shipped from our local UK warehouse.
Prices displayed for the UK market include applicable taxes.
No customs duties or additional import costs will be charged upon delivery.
The warranty, return, and after-sales service terms remain identical to these General Terms and Conditions of Sale.

11.7.3.4 Exclusive Authorized Repair Partner

All warranty repairs are carried out exclusively by our authorized repairer Geek33. THE PHONE's coverage of shipping costs is valid only for returns addressed to this repairer, or according to instructions communicated by Customer Service.

Any shipment directed to another address or an unauthorized service provider could result in the loss of coverage and the invoicing to the Customer of all incurred costs, subject to applicable mandatory legal rules.

11.7.3.5 Supporting documents and checks  

 
To benefit from warranty shipping cost coverage, the Customer may be required to provide supporting documents verifying that the initial order was indeed placed in a covered country and that the return shipment is made from an eligible country. Failing to provide these documents, or in case of non-compliance with territorial conditions, the costs will remain the responsibility of the Customer, subject to applicable mandatory legal provisions.

11.7.3.6 Protection and liability in repair and reshipment via Chronopost 2Shop

The Customer is responsible for the device until the package is actually dropped off at a Chronopost 2Shop Pickup relay point. The Customer must verify the accuracy of the address, properly package the device, and include all required accessories and documents, if any. Any damage or loss occurring before actual drop-off is the Customer's responsibility.

Once the package is handled by the carrier, the latter assumes responsibility for transportation to the delivery point or to the Geek33 repairer. The delivery tracking provided by the carrier is proof of confirmed receipt or availability of the package.

If the package is made available at the Chronopost 2Shop relay point but not picked up by the Customer within the specified time, the Customer shall bear the costs of redelivery or any additional costs related to potential storage. THE PHONE or Geek33 is not responsible for the non-collection of the package in this case.

In case of loss or damage during transport, THE PHONE and Geek33 will open an investigation with the carrier. THE PHONE's liability is limited to replacement or reimbursement of the device only after confirmation of loss or damage by the carrier. Any proof of deposit and tracking provided by the carrier is considered proof of delivery.

THE PHONE and Geek33 cannot be held responsible for loss or damage occurring before drop-off by the Customer, for loss or damage resulting from inadequate packaging by the Customer, or for loss or delay due to events beyond the carrier's control.

12. ACCESSORIES AND COMPLEMENTARY PRODUCTS

12.1 Scope of application   

This section applies to accessories sold by THE PHONE, such as:   

cases

tempered glass / screen protectors

cables, chargers

other products sold separately or as a complement to a phone

12.2. Right of withdrawal   

In accordance with articles L.221-18 to L.221-23 of the Consumer Code:   

Standard, non-customized accessories are covered by the right of withdrawal of 14 days from the date of receipt.   

They must be returned in their original, unused condition, with all accessories, packaging and instructions.   

Returns must be made using the return slip provided by THE PHONE, including prepaid shipping costs, unless otherwise agreed.   

Customized accessories or those manufactured according to the Customer's specifications (e.g., engraved cases) cannot be returned, in accordance with Article L.221-28 of the Consumer Code.   

Products sealed for hygiene or health protection reasons, such as earphones or headphones, tempered glass, cannot be returned if their packaging has been opened.   

12.3. Return procedure   

Contact Customer Service at: sav@thephone.fr to request a return.

A prepaid return label will be sent to you along with return instructions.

You will need to carefully package the Product and return all provided accessories and packaging.

The direct return costs are the responsibility of the Customer.

12.4. Compliance check and depreciation   

Upon receipt of the returned accessory(ies), THE PHONE or its repair partner Geek33 will perform a compliance check:

Verification of the condition of the accessory(ies), packaging, and instructions.

Identification of any depreciation due to opening, use, or missing elements.

In case of wear, damage, or missing elements, a proportional deduction for the use of the goods and their depreciation will be applied in accordance with Article L.221-23 of the Consumer Code, according to the following indicative scale:

Indicative depreciation scale:

Accessory condition	Indicative depreciation	Justification
Complete product, new condition, packaging carefully opened	0 %	Product resalable as new
Missing packaging, complete product	-5 %	Repackaging necessary
Non-essential accessory missing (manual, screen protector)	-5% to -10%	Incomplete but resalable product
Essential accessory missing (cable, charger)	-15% to -25%	Replacement needed
Traces of use or slight alteration	-20% to -40%	Significant depreciation
Damaged or non-functional product	-50% to -100%	Not resalable

Each markdown is documented and justified (photos and report), and the customer is informed of the amount withheld before refund.

12.5. Refund terms

If the quality control validates the return, the refund is made within 14 days of receipt of the accessory.

The refund is made by the same payment method used for the order, unless otherwise requested by the customer.

Return costs and any markdown applied for depreciation will be deducted from the final refund.

12.6. Pre-contractual information

For each accessory sold on the site, THE PHONE clearly indicates:

if the product is customized and therefore non-returnable,

if the product is sealed for hygiene reasons and subject to restrictions,

the applicable return procedure,

the legal period of 14 days to exercise the right of withdrawal.

12.7 Warranties applicable to accessories

Accessories sold by THE PHONE, including cases, tempered glass, screen protectors, cables, chargers, headphones and other complementary products, benefit from the applicable legal warranties, in particular the legal conformity warranty provided for in articles L.217-3 et seq. of the Consumer Code and the warranty against hidden defects provided for in articles 1641 et seq. of the Civil Code.

When the accessory is supplied with a phone or sold separately by THE PHONE, it may also benefit from a specific commercial warranty, the duration and conditions of which are specified on the product sheet, invoice, order form or any applicable contractual support. Unless otherwise stated more favorably to the Customer, this commercial warranty is twelve (12) months for accessories and batteries supplied by THE PHONE.

This warranty does not cover damage resulting from misuse, impact, breakage, normal wear and tear, oxidation, unauthorized modification or use not in accordance with the instructions provided by THE PHONE.

13. FORCE MAJEURE 

In the event of a force majeure situation in accordance with article 1218 of the Civil Code (including, but not limited to, strikes, extreme weather conditions, embargoes and any other situation beyond the control of THE PHONE), THE PHONE's obligations under the Contract may be suspended for the duration of the force majeure situation. 

In such cases, THE PHONE will notify the Customer of the occurrence of an unforeseen event or a case of force majeure within seven (7) days of its occurrence. 

In the event that the suspension of THE PHONE's obligations continues beyond fifteen (15) days, the Customer will have the option of terminating these presents. 

14. INTELLECTUAL PROPERTY 

14.1 - All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used on the Site and, more generally, all elements reproduced or used on the Site or the source code included in the Products are protected by the laws in force regarding intellectual property. 

14.2 - They are the full and exclusive property of THE PHONE or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of THE PHONE, is strictly prohibited. The fact that THE PHONE does not initiate proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of said uses and waiver of prosecution. 

  
15. PERSONAL DATA 

THE PHONE acts as data controller within the framework of these presents and undertakes to comply with the Applicable Laws and Regulations regarding Personal Data, such as Law no. 78-17 of January 6, 1978, known as the "Data Protection Act" and European Regulation (EU) 2016/679 of April 27, 2016 (GDPR). 

In particular, THE PHONE may be required to process customer data within the framework of the execution of the contract. For any information in this regard, the Customer can consult the Privacy Policy available on the website thephone.fr. 

16. CUSTOMER REVIEWS

THE PHONE collects and displays reviews of the Products offered for sale.

These reviews are collected and published via Inflate, allowing the Customer to share their experience after purchase.

The reviews thus collected are displayed on the Site as provided by the Customers, in the form of comments and/or ratings. THE PHONE does not purchase reviews and does not accept paid reviews or reviews from third parties outside the purchase process. The published reviews therefore reflect the actual experience of Customers who have used the functionality offered by Inflate.

Before their publication, reviews may be subject to verification solely to ensure that they do not contain manifestly illicit content, content contrary to public morality, or content unrelated to the Product being evaluated. THE PHONE may, if applicable, refuse the publication of a review that does not meet these minimum criteria.

Reviews are published in their entirety, without substantive modification by THE PHONE, within the limits of the exclusions above.

The Customer may at any time request the modification or deletion of their review. This request can be made either by contacting THE PHONE directly via the contact form available on the Site, or by requesting the deletion of the review from the support of the Inflate application, depending on the submission method used. Inflate, depending on the submission method used.

THE PHONE implements the necessary means to guarantee the consumer fair, clear, and transparent information on the reviews available on the Site, in accordance with applicable legal obligations.

17. THIRD PARTIES

17.1 – THE PHONE may provide links on its Site to websites of affiliated companies and third parties. THE PHONE is not responsible for the content of these websites and the terms and conditions of these websites will apply.

17.2 – The Customer understands and confirms that the payment service on the Site is provided by a third party. The terms and conditions and standards relating to this payment service are determined between the Customer and the payment service provider.

17.3 – The Customer agrees that THE PHONE has the right to send order information, promotions, advertisements or advertising links to the Customer and their designated recipient by mail, SMS, telephone, etc., in accordance with the Site's Privacy Policy.

17.4 - In order to facilitate your use of THE PHONE's logistics, finance, communication and related services, the Customer accepts and authorizes THE PHONE, subject to the Privacy Policy available on the Site, to transmit the information provided and generated during the Customer account registration and the use of the Site's service to other relevant service providers of THE PHONE, or to obtain the information provided and generated during the Customer account registration and the use of related services from other relevant service providers of THE PHONE. THE PHONE may cooperate with third parties to provide the Customer with related services, in order to provide better services, recommend Products/Services to the Customer, and conduct market research and data analysis. THE PHONE may disclose relevant Customer information to collaborators. In such circumstances, THE PHONE has the right to provide relevant Customer information to these third parties in accordance with the privacy policy available on the Site.

18. DIGITAL ELEMENTS, ASSOCIATED SERVICES, GEOLOCATION AND SOFTWARE UPDATES

18.1 Digital elements and associated services

Some Products may operate with associated digital elements, including digital services, features, applications, software updates, activation services, pairing services, customer portals, user areas, or services associated with the Product.

These digital elements may be subject to activation, subscription, temporary free access, specific conditions, technical compatibility, network availability, software updates, or the use of a partner service.

THE PHONE undertakes to maintain the digital elements necessary for the normal operation of the Product for the duration provided for by the applicable regulations, subject to the conditions specific to the service concerned, network availability, the availability of necessary third-party services, the installation of required updates, and the Customer's compliance with the communicated operating instructions.

The Customer acknowledges that certain associated digital elements may require the creation of an account, activation of a service, pairing of a Product with a partner application, use of an active SIM card, a mobile connection, available data allowance, or services provided by THE PHONE's partners.

18.2 Geolocation Service

The Geolocation Service is a digital service associated with the The Phone Geo Product.

It allows the parent or legal guardian, from the partner application provided for this purpose, to request the location of The Phone Geo when the service is activated and when the necessary technical conditions are met.

The Geolocation Service is only available for compatible Products, namely phones marketed under the name The Phone Geo, unless otherwise expressly stated by THE PHONE.

The Geolocation Service is designed as an additional reference for parents, as part of the child's progressive autonomy. It does not constitute a permanent surveillance device, continuous tracking accessible to the parent, or guaranteed security.

Geolocation does not replace the child's vigilance, parental support, or the usual precautions to be taken when the child is traveling.

18.3 Nature of the Geolocation Service

The Geolocation Service operates on a demand-side geolocation logic for the parent.

The parent can request the location of The Phone Geo from the partner application, provided that the phone is turned on, paired, connected, equipped with an active SIM card, with available data and sufficient network coverage.

The Geolocation Service does not allow the parent to permanently track the child's movements or to view a complete or continuous location history.

In order to provide a useful location at the time of the parent's request, especially when The Phone Geo enters a building or when the GPS signal becomes insufficient, location data may be collected regularly in the background by the partner application.

The purpose of this collection is to allow the service to provide the most relevant position available at the time of the parent's request. It does not allow the parent to view a complete or continuous history of the child's movements.

In case of a failed location request, the application may display the last relevant position available or the last known position from the service's operation, if it exists.

The parent application may notably display the following information:

when no child's location is known: a message indicating that the application is awaiting a location;

when a position is known: the last date and time of location;

when a position is available: the address or area associated with the reported position;

when accuracy is limited: an estimated area or a message indicating that the location is approximate;

when the location is not sufficiently reliable: a message indicating that no reliable position can be displayed at this time.

The Client acknowledges that the displayed address or area may be approximate or may not exactly correspond to the actual position of the phone, depending on technical conditions, available data, and the limitations inherent in the geolocation services used.

18.4 Conditions for activating the Geolocation Service

The Customer must subscribe to the geolocation service on THE PHONE Website or via any other route expressly provided by THE PHONE.

After subscribing, the Customer receives an activation code enabling them to activate the geolocation service in the partner application.

Activating the geolocation service notably requires:

a compatible THE PHONE Geo device;

a valid subscription to the geolocation service;

the reception and use of the activation code;

the creation or use of an account in the partner application;

pairing between the parent's smartphone and the THE PHONE Geo device;

the use of the email address requested in the activation process;

entering the phone number of the mobile line associated with the THE PHONE Geo device in the partner application's process.

Initially, activation must be carried out with the same email address as that used during the subscription on THE PHONE Website. THE PHONE reserves the right to change this process at a later date, in particular to allow the management of multiple email addresses.

The phone number associated with the THE PHONE Geo line is necessary for the service to function properly. It cannot be modified directly by the Customer from the application and will, if necessary, be subject to a request to Customer Service.

18.5 Technical operating conditions and service limitations

The Customer acknowledges that the proper functioning of the geolocation service depends on several cumulative technical conditions.

The geolocation service notably requires:

a compatible THE PHONE Geo device;

a powered-on phone;

a sufficiently charged battery;

an active SIM card;

an active mobile plan;

an available data allowance;

sufficient mobile network coverage;

effective activation of the Geolocation Service;

effective pairing between the The Phone Géo and the parent application;

proper functioning of the partner application;

proper functioning of technical location services, including GNSS / GPS, mobile network, and network geolocation services;

installation of necessary updates for the proper functioning of the Product or Service.

The Geolocation Service cannot function when the The Phone Géo is turned off, discharged, without a SIM card, with an inactive, blocked, or terminated SIM card, without available data, or outside of sufficient network coverage.

Geolocation may be unavailable, delayed, less precise, or approximate in certain situations, including indoors, in car parks, basements, dense buildings, areas with poor coverage, complex urban areas, rural areas, underground areas, during transport, or more generally when GPS/GNSS, Wi-Fi, Bluetooth, cellular, or mobile data signals are degraded, unavailable, or insufficient.

THE PHONE implements all reasonable means necessary to enable the Geolocation Service to provide a usable position, even in environments where location may be more difficult. However, THE PHONE does not guarantee that the displayed position will always be exact, instantaneous, available, or perfectly accurate, particularly indoors or in any area where technical conditions do not allow reliable localization.

The Customer acknowledges that the displayed position may be approximate, delayed, unavailable, or erroneous depending on technical, environmental, and network conditions.

A malfunction related to a lack of network coverage, a network operator failure, an inactive SIM card, no available data, poor GPS/GNSS reception, temporary unavailability of a third-party service, technical impossibility of localization, or unfavorable environmental conditions does not, in itself, constitute a defect of the The Phone Géo or a breach of contract attributable to THE PHONE.

THE PHONE cannot be held responsible for imprecise, unavailable, delayed, or erroneous localization when it results from an element outside its reasonable control, including the mobile network, third-party localization services, reception conditions, physical environment, phone status, SIM card, available data, or conditions of Product use.

18.6 Technical Partners of the Geolocation Service

The Geolocation Service relies on technologies and services provided by THE PHONE and by technical partners.

THE PHONE relies notably on:

UMAY, for the parent application, the associated application environment, pairing, position reporting, and certain processing related to the Geolocation Service;

HERE, for certain network geolocation functionalities that improve or supplement localization when available data permits.

When using HERE, technical data necessary for network geolocation is sent to THE PHONE server. THE PHONE server then calls the HERE service to obtain a position, and then sends back the position necessary for the Geolocation Service to function.

As of today, the data transmitted to HERE are as follows:

Cell ID;

Wi-Fi BSSID;

RSSI.

To date, the following data is not transmitted to HERE:

IP address;

terminal ID;

other non-essential technical data.

GPS coordinates are not transmitted to HERE for network location requests; they may be received in response from the service when it returns a position.

According to information communicated to THE PHONE, HERE does not store data transmitted as part of this service.

THE PHONE server is hosted in France. The HERE servers used for this processing are located in Europe. According to information communicated to THE PHONE, there is no transfer of data outside the European Union as part of this processing.

THE PHONE reserves the right to modify, replace or supplement the technical partners used to provide the Geolocation Service, subject to compliance with applicable regulations, information to the Customer where required, and updating of relevant contractual or informational documents.

18.7 Data processed as part of the Geolocation Service

The Geolocation Service involves the processing of data necessary for its activation, operation, pairing, support, security, and to improve the relevance of the location reported to the parent.

This data may include, depending on the journey and the final technical operation:

the email address used during subscription;

the service activation code;

the subscription identifier;

the IMEI of the The Phone Géo, particularly for La Poste Mobile eligibility paths;

the phone number associated with the mobile line of the The Phone Géo;

pairing information between the parent's phone and the The Phone Géo;

the technical data of the phone;

the location data necessary for the service to function;

the data enabling the identification of the last relevant position available at the time of a parent's request;

the data necessary for network geolocation, such as Cell ID, Wi-Fi BSSID and RSSI.

The Client acknowledges that, to enable the service to provide useful localization, particularly when the The Phone Geo enters a building or when the GPS signal becomes insufficient, location data may be collected regularly in the background by the partner application.

This data is collected solely to provide the expected geolocation service, to improve the relevance of the position reported to the parent, and to allow, where applicable, the display of a last useful location point when a precise position cannot be obtained at the time of the request.

This data is not intended to allow parents to view a complete history of the child's movements. The parent application is not intended to display a continuous location history.

Location data collected in the background is regularly deleted, replaced, or time-limited to ensure it is not retained longer than necessary for the service to operate.

The Client is invited to consult THE PHONE's Privacy Policy for detailed information on the processing of personal data carried out within the framework of the Geolocation Service.

18.8 Subscription, price, and duration

The Geolocation Service is offered as a monthly subscription, with no commitment, unless a specific offer is expressly indicated to the Client at the time of subscription.

The applicable price is that displayed on the Site at the time of subscription. THE PHONE reserves the right to offer introductory offers, promotions, temporary freebies, or specific conditions, particularly within the framework of commercial partnerships.

Any price modification applicable to an ongoing subscription will be brought to the Client's attention under the conditions provided by the applicable regulations.

Unless a specific subsequent offer, no annual subscription is offered at the launch of the Geolocation Service. However, THE PHONE reserves the right to offer other subscription formulas later, particularly annual ones, whose conditions, prices, and terms will be indicated to the Client before subscription.

18.9 Termination of subscription

The subscription to the Geolocation Service is without commitment.

The Client can cancel their subscription at any time from their customer account on the Site or from the subscription management area made available to them.

Termination takes effect at the end of the already paid monthly period. No refund is due for the current monthly period, unless otherwise provided by law or a commercial gesture decided by THE PHONE.

Termination of the Geolocation Service does not entail termination of the purchase of the The Phone Geo, as the phone and the service are subscribed to separately.

In case of loss, theft, transfer, resale, or change of ownership of the The Phone Geo, the Client must terminate their subscription to the Geolocation Service. The subscription is not transferable to the new owner of the phone. The new owner may, if applicable, subscribe to a new Geolocation Service.

18.10 Payment default, suspension, and deactivation

In case of payment failure, THE PHONE or its payment provider may send up to three reminders to the Client during the month concerned, by email to the address used at the time of subscription.

In case of persistent payment default despite these reminders, THE PHONE may suspend or deactivate access to the Geolocation Service from the beginning of the following month, after informing the Client where possible.

THE PHONE may also suspend or deactivate the Geolocation Service in case of abusive, fraudulent, malicious use, contrary to these T&Cs, infringing on the rights or safety of a user, or at the Client's request.

18.11 Right of withdrawal applicable to the Geolocation Service

The Geolocation Service is a digital service subscribed to remotely.

In accordance with applicable regulations, the Client generally has a legal right of withdrawal of fourteen (14) days from the subscription of the service, subject to specific rules applicable when the service begins to be performed before the end of this period.

When the Client wishes the Geolocation Service to be activated immediately, they must make an express request before the end of the legal withdrawal period.

To this end, a specific box may be offered at the time of subscription, separate from the general acceptance of the GTCs, with wording such as:

"I expressly request the immediate activation of the Geolocation Service before the end of the legal withdrawal period. I acknowledge that in case of withdrawal after the start of service execution, an amount corresponding to the service already provided may remain due, in accordance with the law."

In case of a legally valid withdrawal after the start of service execution, THE PHONE may retain an amount corresponding to the service actually provided until the Client communicates their decision to withdraw, in accordance with the law.

Given the monthly amount of the Geolocation Service, THE PHONE reserves the right, for commercial purposes, to proceed with a total or partial reimbursement for the month concerned, without this constituting an obligation or a precedent.

18.12 Support, malfunctions and warranties

THE PHONE remains the primary contact for the Customer for any questions related to subscription, activation, payment, IMEI, activation code, THE PHONE customer account, termination or the general operation of the Geolocation Service.

When the Customer purchased their The Phone Geo from an operator or distribution partner, they may also be invited to contact the customer service of that partner according to the support path provided.

UMAY can provide level 2 support for difficulties directly related to the UMAY application, pairing, in-app activation, or the application's functioning of the Geolocation Service.

THE PHONE's technical partners working in the background are not direct contacts for the Customer.

A malfunction related to a lack of network coverage, an operator outage, an inactive SIM card, a lack of available data, poor GPS/GNSS reception, temporary unavailability of a third-party service, imprecise location, or unfavorable environmental conditions does not, in itself, constitute a defect of The Phone Geo.

If the malfunction of the Geolocation Service results from a proven defect of The Phone Geo, the legal and commercial guarantees applicable to the Product may apply under the conditions provided for in these GTC.

18.13 Software updates

THE PHONE may provide software updates necessary to maintain the conformity, security, stability, or proper functioning of the Product, its associated digital elements, or the Geolocation Service.

When these updates are necessary, THE PHONE will inform the Customer of their availability, purpose, installation procedures, and, if applicable, the possible consequences of non-installation.

These updates will be provided at no additional cost for the period stipulated by applicable regulations.

The installation of an update may require a network connection and use all or part of the data allowance associated with the mobile line of The Phone Geo.

The Customer acknowledges that certain updates may be necessary for the proper functioning, security, or compliance of the phone or the Geolocation Service. Refusal, prolonged postponement, or non-installation of a necessary update may render certain features of the phone or the Geolocation Service unavailable.

Where necessary, THE PHONE may retain proof of receipt or display of information relating to an update, in order to demonstrate that the Customer was informed of the existence of the update, its availability, installation instructions and the possible consequences of its non-installation.

This proof may result, in particular, from the display of the update message directly on the phone.

18.14 Information displayed to the Customer in case of update

When an update is available, THE PHONE may display a message directly on The Phone Geo providing the following information:

the existence of the update;

its availability date;

its general purpose;

the installation instructions;

the possible use of the data allowance associated with the mobile line;

the importance of not turning off the phone during installation;

the potential consequences of non-installation.

Depending on the nature of the update, the message may be as follows:

Update available

An update for your The Phone Géo has been available since [date].

It improves the phone's operation, security, and stability.

Installation requires a network connection and will use the data plan of The Phone Géo.

During installation, please do not turn off the phone.

If this update is not installed, some features may be unavailable, and the phone's security level may not be optimal.

Button: Install update

Mandatory update

A mandatory update for your The Phone Géo has been available since [date].

It must be installed to maintain proper operation, security, and compliance of the phone.

Installation requires a network connection and will use the data plan of The Phone Géo.

During installation, please do not turn off the phone.

Until this update is installed, some phone or geolocation service features may be unavailable.

Button: Install update

Mandatory update on first power-up

A mandatory update for your The Phone Géo has been available since [date].

It must be installed before first use of the phone.

Installation requires a network connection and will use the data plan of The Phone Géo.

During installation, please do not turn off the phone.

Until this update is installed, The Phone Géo cannot be used.

Button: Install update

The wording displayed on the phone may be adapted for technical, ergonomic, readability, translation, or compliance reasons, without changing the scope of the information communicated to the Customer.

18.15 Updates not necessary for maintaining compliance

When an update is not necessary for maintaining compliance and is likely to affect access to the Product, a digital element, or the normal use of the Product, THE PHONE will clearly and comprehensibly inform the Customer before its installation, specifying the purpose of the update and, where required by regulations, the Customer's rights to refuse or uninstall it.

18.16 Evolutions of the geolocation service and additional services

THE PHONE reserves the right to evolve the geolocation service, its activation methods, its technical partners, its operation, its interface, its terms of use, or its functionalities, in compliance with applicable regulations and Customer rights.

Any additional services to the geolocation service may be subject to specific conditions, prices, activation procedures, and terms.

These additional services are not included in the Geolocation Service, unless otherwise expressly stated to the Client at the time of subscription.

19. APPLICABLE LAW AND COMPETENT JURISDICTION

These GTC are drafted in French and are subject to French law, regardless of the Client's nationality and the place where the order was validated.

Subject to mandatory provisions of public order, any dispute relating to the interpretation or execution of these presents falls within the exclusive jurisdiction of the French courts governed by the Code of Civil Procedure.

Specifically, with regard to the provisions of Article R. 631-3 of the Consumer Code, in the event of a dispute, the Client may choose to refer the matter to either one of the territorially competent courts under the Code of Civil Procedure, or the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the damaging event.

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the right to submit a request for amicable resolution through mediation, within one year from their written complaint to the professional.

THE PHONE has designated, by adhesion registered under number 52894/VM/2404, SAS Médiation Solution as the consumer mediation entity.

To contact the mediator, the consumer must submit their request:

Either in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost

Or by email to: contact@sasmediationsolution-conso.fr

Or by filling out the online form titled "Contact the mediator" on the website https://www.sasmediationsolution-conso.fr

Regardless of the method used, the request must imperatively contain:

The postal, telephone, and email details of the applicant,

The name, address, and registration number with Sas Médiation Solution of the professional concerned,

A brief statement of the facts,

A copy of the prior complaint,

All documents allowing the processing of the request (purchase order, invoice, proof of payment, etc.)

If one or more stipulations of these GTC are held to be invalid or declared as such pursuant to a law, regulation, or a final decision of a competent court, the other stipulations will retain their full force and scope.

Online Dispute Resolution Platform:

The European Commission has set up an Online Dispute Resolution platform to facilitate the out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/. 